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S.D.N.Y.Procedural orderFiled July 12, 2023

Brown v. Montefiore Medical Center

Judge
Paul Gardephe
Docket
1:18-cv-03861
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureDiscovery
In one sentence

In Brown v. Montefiore Medical Center, Judge Gardephe denied without prejudice Defendants’ motion to seal deposition portions, allowing narrower redactions.

Who this affects

The defendants’ request to publicly file Guelda Brown’s deposition transcript with redactions was denied without prejudice; the court allowed a narrower sealing request focused on medical information.

What happened

In Brown v. Montefiore Medical Center, the defendants asked to file Guelda Brown’s deposition transcript with redactions covering information about her medical condition. They submitted a public version with proposed redactions and an unredacted version under seal for review in connection with their pending summary-judgment motion.

The defendants said the redacted portions had been marked confidential under an agreement between the parties. The court explained that confidentiality agreements and the parties’ consent do not alone overcome the public’s right to access court records.

Judge Paul G. Gardephe denied the defendants’ motion to seal without prejudice. He said redactions could cover discussion of Brown’s medical records, treatment, and diagnoses, but had to be narrowly limited to that information rather than covering entire pages. The court stated that any further motion to seal had to be filed by July 19, 2023.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Brown v. Montefiore Medical Center · No. 1:18-cv-03861
Judge
Paul Gardephe
Date
July 12, 2023

Background

The defendants—Montefiore Medical Center, Aretha Mack, Veronica Crute, and Anthony Leung—asked to file a complete transcript of Guelda Brown’s deposition with some portions removed from the public version. The proposed redactions concerned Brown’s medical condition and portions that the parties had designated as confidential. The request arose while the defendants’ motion for summary judgment was pending.

The defendants publicly filed the proposed redacted transcript and filed an unredacted copy under seal for the court’s review. They asked the court to approve the redacted filing.

Court’s analysis

The court applied the presumption that judicial documents should be publicly accessible. It stated that a redaction or sealing request must be narrowly tailored to the interest supporting it. The parties’ agreement that information was confidential, or their consent to sealing, was not by itself enough to overcome public access.

The court concluded that discussion of Brown’s medical records, treatment, and diagnoses could be proper subjects for redaction. But the proposed redactions had to be limited to that information and could not redact entire pages of the deposition.

Disposition

The court denied without prejudice the defendants’ motion to seal. It stated that any further motion to seal had to be filed by July 19, 2023. Judge Paul G. Gardephe signed the order.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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